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  • milap_choraria
    Message 1 of 1 , Sep 6, 2009



      On 29th October 2003, I filed Writ Petition (Civil), under Filling Diary No. 22474/2003. After taking more than 7 months and preparation of file Noting for more than 40 pages (which I received under RTI Act) through Memo Letter No. D. No.5610/003/X dated 7th June 2004, the Assistant Registrar (J), SC, informed me that "The Writ Petition above mentioned filed by you was placed before Ld. Registrar (J-I) on 26.5.2004, when he was pleased to decline the same as it does not disclose any reasonable cause upon which it can be received for listing before the Hon'ble Court under Order XVIII Rule 5 of S.C.R.1966.". Whereas, Certified Copy of the respective File Noting shows lack of such powers of Registrar.


      Names of the Respondents in the Writ Petition and brief reasons, to make them as Respondents:-

      Group One: comprised the following Respondents: Responsible for not perfoming their duties under Rule of Law, in response to my repeated representatison against infringement of my fundamental rights:-

      1. The Union of India , Through, Cabinet Secretary, 2. Home Secretary, Ministry of Home Affairs, 3. Revenue Secretary, Ministry of Finance, 4. Secretary, Railway Ministry, 5. Secretary, Ministry of Personnel, Public Grievances and pension, 6. Vigilance Commission of India , 7.  Central Bureau of Investigation, 8.  Chairman, Central Board of Direct Taxes, 9.  State of West Bengal ,

      Group Two: comprised the following Respondents: Responsible for severe violation of the Rule of Law to support the black mailing activities of Land Mafia;

      10.  Department of Urban Development, Government of West Bengal , 11. Department of Cooperation, Government of West Bengal , 12. The Office of the Registrar of Cooperative Societies, Government of West Bengal , 13. West Bengal Cooperative Tribunal, 14. Home (Police) Department, Government of West Bengal , 15.  Director General of Police, Government of West Bengal , 16. The Calcutta Police, Through the Commissioner of Police, 17. Behala Police Station,  Kolkata-700038; 18. New Alipore Police Station, Kolkata-700053; and 19. Kolkata Municipal Corporation,

      Group Three: comprised the following Respondent: Responsible protected Professional misconducts of the Respective Advocates, treating them as brethren advocates;  

      20. Bar Council of West Bengal ,

      Group Four: comprised the following Respondent: I wanted to justify that Affidavit initially issued by ECI inviting information from the candidates about criminal cases they are facing, was suggested by me and now under RTI Act, it was justified;

      21. Election Commission of India ,

      Group Five: comprised the following Respondent: I wanted to justify that I suggested a New Model of Civil Procedure Code to ensure delivery of Judgment within two years, at the first Jurisdiction level, without much of appointments of the Judges and creations of the Creations, which was not considered by Bench headed by Justice Ahmadi (then CJI);

      22. Law Commission of India ,

      Group Six: comprised the following Respondents: ditched me as my Counsel. A question arise that how they can honestly performed their Constitutional Duties?;

      23.Shri Gopal Subramanium, Senior Lawyer of Supreme Court of India , (Now Solicitor General of India ); 24. Shri S. Murlidhar, Advocate, (Now Judge in Delhi High Court);

      Group Seven: comprised the following Respondents: Group of Kolkata Land Mafia and his associates and supporters:-

      25.Shri Sanjay Kumar Jhunjhunwala, 26. Shri Manik Chand Sethia, 27. Mr. Chuni Lal Mukherjee, 28. Mr. Chittaranjan Ganguly, 29. Mr. Kamlesh Chandra Chatterjee, 30. Mr. Shrawan Kumar Bhatter, 31. Mr. Sukumar Das, 32. Mrs. Ava Rani Dey.



      Detail Facts were referred in my Writ Petition, and mostly were justified, for which I received requisitioned Information. However, most of the Information, sought from Income Tax Department denied, just because they working culture of Income Tax Department under the Supervision of CBDT, as appears to me, is to protect the huge black money of Big Tax Evaders like Kolkata Land Mafia.


      I filed about 1,000 applications under Right to Information Act, 2005, before different Public Authorities including 56 before Supreme Court of India.


      As far as information, I have already received under RTI Act, from Central Vigilance Commission, Income Tax Department, Kolkata Municipal Corporation, and other Public Authorities, my all charges against the Kolkata Land Mafia Sanjay Kumar Jhunjhunwala, and or his associates and or his supporters including Mr. Chuni Lal Mukherjee, Mr. Chittaranjan Ganguly, Mr. Shrawan Kumar Bhatter, Mr. Sukumar Das, Mrs. Ava Rani Dey, are justifiably proved. However, in the year of 1993, for the very reason, that Shri Jyoti Basu, the then Chief Minister of West Bengal, by misusing his powers and abusing his authorities, personally involved and was responsible in various ways for development of the Mafia activities of the aforesaid Kolkata Land Mafia, as such I Sought his Prosecution Permission from President of India. It was now transpired from the respective File Noting, which I received under RTI Act, after 15 years from my aforesaid application, that none else but Shri P. V. Narsimha Rao, the then Prime Minister himself taken a decision that no action be taken at that moment, as recommended by the Ministry, through MOS, since he was a Minority Prime Minister and was not dare to take any risk from Left Parties.



      In or about in the year of 1985, Shri Jyoti Basu, through his Chamcha Mayor of Kolkata Municipal Corporation, Shri Kamal Basu, got assigned the contract of rebuilding of burnt portion of New (Hogg) Market, to Foreign Exchange Racquetears: Radhey Shyam Tulsian, Shankar Shraff, and G. R. Agarwal, although in front name of M/S. Martin Burn Limited, against a meager payment of Rs.1.08 Crore, with a liberty to sell 97,020 Sq. Ft. Shops from the Constructed Commercial Complex at their own premium, as against prevailed premium for the same for much more of Rs.15 Crores in the vicinity. This means about Rs.14 Crores were misappropriated from a Public Property belongs to Kolkata Municipal Corporation. This contract have abetted the Members of Board of Directors of M/s. Martin Burn Limited to treat West Bengal Government and Kolkata Municipal Corporation in their Pocket, as no one public servant was dare to ignore them, since they develop a strong Chain of connections directly to inform and seek illegal help from Shri Jyoti Basu.


      Mr. Sanjay Kumar Jhunjhunwala, one of the then Director of M/s. Martin Burn Limited decided to grab my valuable properties. For this very reason he developed friendship with me. Purpose of development of the friendship was to know about me and my helping hands. He understood that I am alone and my child's are still very young. Thus he decided to got killed me to acquire my large size valuable properties. As a result, under a plot hatched by him and his associates, I was stabbed on 18.7.1986, in a day light time, with 44 stabs in my body. But, God saves me. Thereafter, he abetted people (Respondents 28, 29, 30, 31, 32 and their further associates) to lodge false claims or litigations, and respective Judicial Officers were embraced, under influence and or help from Shri Jyoti Basu. As a result Justice was denied to me.


      With help of Shri Kamal Basu (certainly under direction from Shri Jyoti Basu), Kolkata Municipal Corporation, revoked our sanctioned plans, not once but twice. Firstly, on the alleged grounds, that I am making construction, at the alleged property of One Chittaranjan Ganguly (who was adjudged by a Court of law as Cheat). Writ Petition was filed, in which said Chittaranjan Ganguly was also made Respondent. Hon'ble Calcutta High Court, Set-aside the aforesaid Order of Revocation of Kolkata Municipal Corporation, and directed Chittaranjan Ganguly, that if he have any claim upon the property, he can go to a Competent Court, to take Injunction Order against construction, but Kolkata Municipal Corporation have no authority to decide the title over the property. Chittaranjan Ganguly never filed such litigation. Second time, Kolkata Municipal Corporation revoked plans on the created but further flimsy grounds that Property is land locked. Again a Writ Petition was filed in which stricture were passed by Hon'ble Calcutta High Court against Kolkata Municipal Corporation, with a Fine of Rs.500/-, which was never paid.


      Before the trick of Kolkata Municipal Corporation could have been failed, Kolkata Land Mafia Sanjay Kumar Jhunjhunwala, and his associates, also abetted my Vendors, to file a Civil Suit against me on the completely false claim with the enlarged size of the Property. MY Vendors have total Property more or less 56 Cottas, but to take injunction Order against me, she clamed the size of the Property as 94 Cottas, and with the help of Jyoti Basu, taken Injunction Order(s) against me from the then Munsif Mr. J. C. Moulick and then Addl. Dist. Judge Mr. A. K. Choudhury. I move a Revision Petition and appointed a Renowned Lawyer of Calcutta High Court Mr. Shakti Nath Mukherjee. Mr.  S. K. Mukherjee, (Who now is a Judge in Calcutta High Court) appeared, as Counsel, on behalf of My Vendors, in serious violation of his Duty as Advocate to know the truth. This fact also raises the question of proprietary of the appointments of Judges, and indicating that appointments are not based on any morality or honesty with the Profession of Advocates. However, Kolkata Land Mafia, through his solicitor Mr. Kishan Bagaria, influence my Solicitor Mr. Gouri Shankar Gupta, through a criminal conspiracy and accordingly before Mr. Shakti Nath Mukherjee, could have been reached to the Court (Hon'ble Judge was ready for the Passover of the matter), Mr. Gouri Shankar Gupta argued the matter in spite of my loud objection, through another Counsel. Although Order of Munsif was set-aside, but Order were lack of appropriate directions, as a result Mr. J. C. Moulick further passed an order, just to help blackmailing activities of Kolkata Land Mafia, totally ignoring the merit of the facts.    


      When I not bow down in his legs, even after severe attempt to kill me and all other black mailing activities, the Kolkata Land Mafia hatched another criminal plot to get killed, my younger son. For this object he, taken help from Mr. Shrawan Kumar Bhatter and from his family members and misused Cooperation Directorate, with the help of Senior IAS Officer and Registrar of West Bengal Cooperative Societies, Mrs. Mira Pandey. She even got the Order Sheet forged to help the Kolkata land Mafia. Under the aforesaid Plot to kill my younger son, Kolkata Land Mafia arranged a Rented Flat for A Sardarji as my neighbor, who developed relationship with me, on the plea, that he needs my help from my Telephone, since those days were not the era of Mobile Phones. Purpose was to know about activities of my younger son. He conveyed and provided all such details to Kolkata Land Mafia. As a result, on 21.02.1991, a Truck Accident was staged, with Full Police Protection. In such a Truck Accident, both the legs of my son were severally damaged and my son was able to stand on his own legs only after 22 major operations and after two and half years of treatment in Calcutta Hospital and then in Holly Family Hospital in New Delhi. Here Political Corruption is also acted. Dr. Manash Bhuinya, the then Congress MLA agreed to raise the issue of Nexus between Shri Jyoti Basu and Kolkata Land Mafia, in West Bengal Assembly, on 21.02.1991. He asked me to come in the early 9.00 AM to go with him in assembly building. But when on 21.02.1991, I reached his MLA quarter, his changed attitude surprised me, but within few hours, Staged Truck Accident with Full Police Protection, was got committed by aforesaid Kolkata Land Mafia to kill my son.


      Considering all such mafia activities, I started calling Mr. Sanjay Kumar Jhunjhunwala, as Kolkata Land Mafia, in each and every of my representations. He took even help from my long time Counsel Mr. P. K. Ray, Bar-at-law, after influencing him through Mr. Pratap Chatterjee, Bar-at-law the son of Shri Somnath Chatterjee, then CPI(M) M. P., to obtain Injunction Order in Defamation Suit, filed against me, from Calcutta High Court. However, Injunction Order was passed, infringing my fundamental Rights to make complaints before any authority, as such I lodged a formal Complaint against respective Judges of Calcutta High Court, before the President of India and Chief Justice of India, with copy to Solicitor of Land Mafia. They filed a Contempt Petition against me. In the process, I also filed an application under Section 340 of Cr. P. C. against aforesaid Land Mafia, considering his reply to my Objection against Contempt Petition, based on knowingly false statement made by Kolkata Land Mafia. Every time I was compelled to replace my Counsels, considering regular influence, caused upon them, by the Land Mafia, with the help of Shri Jyoti Basu. In spite of this fact, when at the time fixed for hearing of the aforesaid Contempt Petition, one Senior Advocate of Kolkata High Court, was ready to represent my case, and sitting outside the Court Room, along side of me, at that point of time, one Advocate, in my presence, tried to influence him, against me. Initially my Counsel accepted that he will not represent my case. However, once said Advocate, considering his job was success, went from the scene, my Counsel assured me, that he will represent my case. He represented my case successfully and obtained an Order that Contempt Petition filed by Kolkata Land mafia and my application u/S 340 Cr. P. C. will be heard analogously. After the said Order, which caused dangerous situation for the Kolkata Land Mafia, most surprisingly aforesaid matter was started to slip towards below side in the Day to day cause list. Finally, matter was started to come as last matter of the Cause List of the day(s). When my Solicitor approached the Court Officer, Court Officer said that Contempt application is belongs to Mr. Jhunjhunwala, when he is not interested now for the placing the same on the Board of Hearing, what is necessity for me? He also requested my Solicitor to keep quite, since Solicitor of the Kolkata Land Mafia, was insisting him to put the matter, out of the cause list, finally which was happened. However, after the aforesaid developments, criminal elements, started to follow me, and compelled me to flea from Kolkata. The matter of the Contempt Petition was out of the List for about 17 years, till Kolkata Land Mafia, not aware about my activities under RTI Act, from Directorate of Income Tax (Investigation), Kolkata. But immediately after knew about my such activities, he hurriedly withdrawn his Defamation Suit, which automatically made in-fructuous to the aforesaid Contempt Proceedings against me as well as my application u/S 340 Cr. P. C.                                 


      Now Enquiry Reports (copy of the same is received under RTI Act) from the Central Vigilance Commission, revealed that Kolkata Land Mafia, still have encroached Railway Land about 5,000 Sq. Ft. which was used in construction of two Multistoried Buildings at Vinoba Bhave Road, Kolkata-38. I have strong objection against CVC's recommendations just made for recovery proceedings of the property, which will takes 20/30 years of time. Whereas, agreement was also executed by Railway Officials, with the Companies of the said Mafia, intentionally and under criminal connivance, hiding the fact, about the aforesaid Railway Land , still under encroachment, with sole object to protect the aforesaid constructions of the aforesaid multistoried buildings at the Railway land. Therefore, instead of working as Corruption Validation Commission, CVC should come forward to recommend that a Criminal Proceeding should be also initiated against Railway Officials who were responsible for execution of the aforesaid illegal agreement, executed under gratification. Such story of encroachment of subsequently execution of such illegal agreement from Railway is a strong evidence of Land Mania of Kolkata Land Mafia.    


      Similarly Information Received from the Income Tax Department also revealed that on my repeated Complaints, a raid was conducted on the aforesaid Foreign Exchange Racquetears, describing them as the financiers for the aforesaid project of New (Hogg) Markets. During the raid tentative about Rs.13 Crores were found from them, out of which they disclosed about Rs.9 Cores. I also received a List of 147 Shops from Kolkata Municipal Corporation, from this it was appeared that Shops transferred to companies, Firms and Trusts of the aforesaid alleged financiers of the project, were executed for the consideration between Rs.2,200/- and Rs.3,500/- per sq. ft., whereas in the Enquiry Report, IT Department, falsely claimed that Shops were transferred for the consideration between Rs.800/- and 1,000/- per sq. ft. This disclosure is justifying that Enquiry Report was prepared by IT Department under hand in gloves. For this disclosure, Directorate of Income Tax (Investigation) was Notified under Section 24 of RTI Act. However, if a Financiers, who paid money in advance for a project, get a Shop between Rs.2,200/- and Rs.3,500/- per sq. ft., it means rates for the Shops for common buyers should not be below Rs.5,000/- Per Sq. Ft. at the material time of the sale of the Shops from the aforesaid project. This manipulations itself hide black money of about Rs.40/50 Crores, due to negligence of CBDT to perform its appropriate duty to supervise working of IT Deptt., or kept silent under political influence of Shri Jyoti Basu.      


      In the aforesaid Wit Petition I made following,

      P  R  A  Y  E  R S:

      a)              Jurisdiction and powers of the Supreme Court including the powers of interpretation in respect of Part III of the Constitution of India is clearly and exclusively referred, defined, derived, vested and can be inferred from Clause (1), (2) and (4) of Article 32 of the Constitution of India itself and cannot be imported from Chapter IV Part V of the Constitution or from anywhere else; (This is very important prayer, otherwise Supreme Court started to justifying the mockery of justice as a fair justice, ignoring the scheme, object and purpose of the Founding Fathers in making Article 32 of the Constitution of India as part of III of the Constitution instead of Part V Chapter IV of the Constitution). 

      b)              The Rule 5 Under Order XVIII of the Supreme Court Rules 1966 (substituted by G.S.R. 407 (w.e.f. 20-12-1997) (Petitions generally) is void as far as its applicability in respect of the Petition under Article 32 of the Constitution is concerned (This is now vehemently proved from the respective File Noting received from Supreme Court under RTI Act, that aforesaid Rule not empowered the SC Registry to Refuse to Register my aforesaid Writ Petition which I filed at Counter. In fact respective Registrar of the Supreme Court Registry, refused to register my Writ Petition under embracement);

      c)              Item No. 65 under Part –V (Suit Relating to Immovable Property) under the Schedule for the Period of Limitations under section 2(j) and 3 of the Limitation Act, 1963 are completely inconsistent to Part III of the Constitution and under Article 13 of the Constitution should be declared as void (Even now my this prayer virtually supported by Judgment dated September 23, 2008, in Civil Appeal No. 1196 of 2007, of the Supreme Court by a Bench comprising Justices Dalveer Bhandari and H S Bedi has requested the Centre to take a fresh look and suitably amend the land laws that recognize "adverse possession" as a means to acquire title over a property by ousting the real owners. This prayer is very much necessary, in my case, because Kolkata Land Mafia, blocked all the path of Justice for me);  

      d)              The Petitioner is entitled to move Curative Writ Petitions on the grounds of miscarriage of justice, and / or abuse of judicial proceedings, and / or orders without jurisdictions or under bias in respect of the orders passed in any of the Writ Petition filed by him before Supreme Court, without any Certificate from any Advocate, but with a self-certificate that upon hearing on merit, if such fresh Writ Petition proved as vicious or based on frivolous or contains scandalous matters, or found to be without any basis, Petitioner shall be punished for Contempt of Hon'ble Court for misusing the rights to remedy;

      e)              For declaration that the Respondent Nos. 25 to 32 are not entitled to take any advantage from any Order or Judgment which under the laws of the land are not due, but obtained under embracement of respective Judicial Officers, and / or causing interpolations or forgery of the Order Sheets, and / or by adoption of any manipulations or any other criminal acts by criminal means, irrespective of the law of Limitations; 

      f)                    For declaration that the Petitioner is entitled to recover damages from the Respondent No. 1 and 9 caused by omissions, or commissions or non-actions against or favours for Respondent Nos. 25 to 32 or their associates, men and agents with reference to respective Memorandums, Representations, Applications, and Complaints filed, submitted, placed before them or any of their respective Ministries or Departments or Officers or sub-ordinates by the Petitioner, including all those referred in the Writ Petition

      g)                  Direction upon Respondent No. 6 to supervise and conduct enquiry through Respondent No.7 with reference to charges leveled in the Writ Petition about political clout acquired by the Respondent No. 25 to 32 and their men and agents and associates, and to further enquire that how far they seriously jeopardises the smooth functioning of the administration and the safety of life and property of Petitioner, and how far acquired substantial financial and muscle powers and how far successfully corrupted the Government machinery at all levels and yielded enough influence to make the task of investigating and prosecuting agencies extremely difficult; how far even the members of the judicial system have not been escaped the embrace of the Mafiadom controlled by the Respondent No. 25 to 32 and submit report before Hon'ble Court for appropriate directions;  

      h)              Direction upon the Respondent No.1 to ensure safety and security of the Petitioner and his family members and property at the cost of the State from the Respondent Nos. 25 to 32 and their men, agents and associates;

      i)                Upon hearing on merit, if Writ Petition proved as vicious or based on frivolous or contains scandalous matters, Petitioner shall be punished for misuse of rights to remedy;

      j)                For further or other order or orders as may be necessary for the ends of justice and as may be supplementary to the other orders; and

      For temporary injunction order with reference to prayers: e) f) and g).

      (Prayers (d) to (j) are very much essential to ensure remedies against severe infringement of my fundamental rights).      


      Milap Choraria

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